Partly allowed

Western Coalfields Limited, through Its Chief General Manager, Nagpur v. Shri Kishore S/O Jairam Chakole and Another

Bombay HC27 Jul 2016WP/621/2015

Case brief

AI extract

What is this about?

The Nagpur Bench granted liberty to the petitioner-employer to raise an issue of delay and laches before the Central Government Industrial Tribunal within six weeks, even if not previously raised in the written statement, to meet the interest of justice before recording of evidence begins.

What did the court decide?

Liberty to raise the issue of delay and laches by moving an application within six weeks.

Western Coalfields Limited, through Its Chief… — Labour and Industrial Disputes | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

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WRIT PETITION NO.621 OF 2015

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Western Coalfields Limited, Nagpur, through its Chief General Manager

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..vs..

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Shri Kishore s/o Jairam Chakole and another

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....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders

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Shri M. Anilkumar, counsel for the petitioner. Ms Deepali Sapkal, Adv. h/f Shri A.S. Kilor, counsel for R-1.

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CORAM : B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ. DATED : JULY 27, 2016.

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Heard learned counsel for the parties for

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some time.

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It is apparent that question whether the application before the Labour Officer of the Central Government was moved within reasonable time or after delay can be looked into by some quasi judicial officers. The reference has also been made on 11.9.2013. The reference does not expressly indicate the defence or the ground of employer that it is belated.

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The petitioner-employer has also filed its written statement before the Central Government Industrial Tribunal, Nagpur.

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Taking overall view of the mater, we find that interest of justice can be met with by giving the

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petitioner-employer liberty to raise issue of delay and laches, if it is not already raised in the written statement.

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Advocate Ms Deepali Sapkal h/f learned counsel Shri A.S. Kilor for respondent No.1 submits that the matter is already fixed for recording of evidence.

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In that situation, if the defence on these lines is not already raised, it is open to the petitioneremployer to move appropriate application and raise it within a period of six weeks from today.

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With these directions and liberty, we dispose of the writ petition. No costs.

JUDGE JUDGE

!! BRW !!

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C E R T I F I C A T E

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I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

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Uploaded by : Bhushan R.Wankhede. Uploaded on : -27/07/2016 (Personal Assistant)

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Western Coalfields Limited, through Its Chief General Manager, Nagpur v. Shri Kishore S/O Jairam Chakole and Another

Case brief

What is this about?

What did the court decide?

Western Coalfields Limited, through Its Chief General Manager, Nagpur v. Shri Kishore S/O Jairam Chakole and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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